(Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member)

(1)               Today, the appeal is fixed for hearing on condonation of delay.  Since the counsel for the applicant/appellant is absent, we heard the counsel for the non-applicant/respondent.  We are finding there is a delay of 3 months and 18 days in filing the appeal.  We are not satisfied with the explanation given in the said application which is supported by an affidavit.  In the application, the appellant has given cause of not filing the appeal in time that his office was closed on various dates.  However, in our view since the appellant is an insurance company, it must know the appeal has to be filed within 30 days and they have to gear the machinery in that context.  We are of the view that the appellant has not explained the delay giving just and sufficient cause.  We are, therefore, not inclined to condone the delay in filing the appeal.  Hence, the order.

ORDER

1)       The Misc.Application No.482/11 stands rejected.  Consequently, the appeal bearing No.785/11 does not survive for the consideration.

2)       The amount, if any, deposited by the appellant be paid to the respondent towards part satisfaction of the award after the period of revision petition is over.

Pronounced 29^th August, 2012.